Terms of service
Purchase Agreements between
Alexandra Schauer Ingolstädter Straße 9A 85309 Pörnbach
- hereinafter referred to as "Seller" -
and
the customer referred to in §1 (2) of the contract
- hereinafter referred to as "Customer" -
concluded via the platform funkenschauer.de.
I. Applicability of the Conditions 1.1. The following terms and conditions apply to purchase agreements that you conclude with the Seller through the website funkenschauer.de. Unless otherwise agreed, the inclusion of any terms you may use is expressly objected to.
1.2. The product offerings in the online shop are intended for consumers and entrepreneurs alike, but only for end-users. For the purposes of these General Terms and Conditions, (i) a "consumer" is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity (§ 13 of the German Civil Code – BGB), and (ii) an "entrepreneur" is a natural or legal person or a legal partnership that, when concluding the contract, acts in the exercise of its commercial or self-employed professional activity (§ 14 para. 1 BGB).
II. Conclusion of Contract 2.1. The offers in the online shop are non-binding.
2.2. By placing an order in the online shop, the customer makes a binding offer to purchase the respective product. The Seller may accept the offer until the end of the third working day following the day of the offer.
2.3. The Seller will promptly send the customer a confirmation of receipt of the offer upon receipt, which does not constitute acceptance of the offer. The offer is only considered accepted by the Seller when the Seller (via email) declares acceptance to the customer or dispatches the goods. The purchase contract with the customer is only concluded upon the Seller's acceptance.
2.4. Every customer who is a consumer is entitled to revoke the offer in accordance with the special revocation and return instructions communicated to them on the website during the ordering process and to return the goods.
2.5. The language available for the conclusion of the contract is German or English, depending on the language chosen by the customer for navigation on the website. If the customer places an order through the German language settings, the German General Terms and Conditions apply. If the customer places an order through the English language settings, the English version applies.
III. Payment 3.1. Shipping and packaging costs as well as customs and similar charges are borne by the customer and will be invoiced separately.
3.2. The Seller only accepts the payment methods shown to the customer during the ordering process.
3.3. Payment of the purchase price is due immediately upon conclusion of the contract.
3.4. The customer is not entitled to offset or withhold payment unless the counterclaim is undisputed or has been legally established.
IV. Delivery and Shipping Conditions 4.1. The deadlines and dates for the shipment of the goods specified by the Seller and all other delivery deadlines specified or otherwise agreed by the Seller are always approximate and therefore non-binding.
4.2. If the goods are not or not timely deliverable, the Seller will inform the customer promptly. In this case, the Seller reserves the right to withdraw from the contract. In the event of withdrawal, the Seller will refund the customer's payments to the Seller immediately.
4.3. Unless expressly agreed otherwise, the Seller determines the shipping method and the carrier at its reasonable discretion.
4.4. The Seller is only responsible for the timely and proper delivery of the goods to the carrier and is therefore not responsible for delays caused by the carrier. Any shipping duration stated by the Seller is therefore non-binding.
4.5. The risk of accidental loss, accidental damage, or accidental loss passes to the customer, who is a consumer, at the time the goods are delivered or the customer is in default of acceptance.
4.6. If the Seller incurs additional shipping costs due to the provision of an incorrect delivery address, incorrect addressee, or the impossibility of delivering the goods, these costs must be reimbursed by the customer unless the customer is not responsible for the incorrect information or was temporarily prevented from accepting the performance, unless the Seller had announced the performance a reasonable time in advance.
4.7. For orders containing sale items or discount codes from promotional periods, the Seller does not cover return costs. Therefore, the customer is responsible for return obligations for orders of sale items. The customer bears the customs and direct costs of returning the goods.
V. Warranty 5.1. The statutory warranty rights apply.
5.2. As a consumer, you are requested to check the item for completeness, obvious defects, and transport damage immediately upon delivery and to notify the Seller and the carrier of any complaints as soon as possible. Failure to comply with this has no effect on your statutory warranty claims.
VI. Liability 6.1. The Seller is always liable without limitation for claims arising from damages caused by the Seller, legal representatives, or vicarious agents:
- for injury to life, body, or health,
- for intentional or grossly negligent breach of duty,
- for guaranteed promises, where agreed, or
- if the scope of the Product Liability Act is opened.
6.2. In the case of a breach of material contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner may regularly rely (cardinal obligations) due to slight negligence by the Seller, legal representatives, or vicarious agents, the liability is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
6.3. The Seller is not liable (regardless of the legal basis) for damages that are not typically expected during normal use of the goods. The Seller's liability is also excluded for damages resulting from data loss if the reacquisition is not possible or is made more difficult due to the lack or insufficient backup. The above liability limitations do not apply in case of intent or gross negligence.
VII. Right of Retention and Retention of Title 7.1. You can only exercise a right of retention if it concerns claims from the same contractual relationship.
7.2. The goods remain the property of the Seller until the full payment of the purchase price.
VIII. Promotions and Discounts 8.1. All promotions are valid while stocks last. If products ordered with a discount are no longer available, the Seller reserves the right to cancel the order and refund any outstanding amounts.
IX. Data Protection 9.1. The Seller may process and store data relating to the respective purchase contracts as far as necessary for the execution and handling of the purchase contract and as long as the Seller is obliged to retain this data due to legal regulations.
9.2. The Seller reserves the right to transmit personal customer data to credit agencies, insofar as this is necessary for a credit check, provided the customer expressly agrees to this in individual cases. The Seller will not otherwise disclose personal customer data to third parties without the express consent of the customer, unless the Seller is legally obligated to do so.
X. Revocation Instructions 10.1 Right of Revocation The statutory right of revocation or termination, which all customers who enter into a distance selling contract can exercise, stating that the contract can be revoked or terminated within 14 days of receiving the products without giving reasons or incurring additional costs, does not apply to custom-made or personalized goods.
Products ordered on this website are individually designed by the customer, so they cannot exercise the right of revocation. The following products offered on the website, which cannot be individually designed, are exempt:
- Poster Zodiac Illustration
Customers have the right to revoke the contract for this product within 14 days of receiving the order without giving reasons. If the last day of this period falls on a Saturday, Sunday, or public holiday, the next working day is considered the last day of the revocation period. If you wish to exercise your right of revocation in connection with the above product, write a letter to the following address or use the contact page, providing your name, address, telephone number, email address, order number, and the products to be returned:
Alexandra Schauer Ingolstädter Straße 9A 85309 Pörnbach
After receiving your request, the Seller will contact you and inform you whether the right of revocation applies in your case and for the products in question. The Seller's communication will also include instructions for returning the products. Please note that the choice of delivery method and carrier is yours. You bear the risk and cost of any return. Once the Seller has received the undamaged products in the original packaging, the Seller will refund the paid purchase price of the returned products within 30 days of exercising your right, minus the original delivery fees and the return delivery fees.
10.2 Consequences of Revocation If you revoke this contract, the Seller will reimburse you for all payments received from you, including delivery costs (except for additional costs resulting from your choice of a different type of delivery than the one offered by the Seller, the most favorable standard delivery), without undue delay and no later than fourteen days from the day on which the Seller received notice of your revocation of this contract. The Seller will use the same means of payment for this reimbursement that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this reimbursement. The Seller may refuse reimbursement until the Seller has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to the Seller immediately and in any event no later than fourteen days from the day on which you notify the Seller of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the nature, properties, and functionality of the goods.
End of Revocation Instructions
XI. Choice of Law, Place of Performance, Jurisdiction 11.1. Regarding all claims and rights arising from this contract, German law applies. The application of the UN Sales Convention (CISG) is expressly excluded.
11.2. The place of performance for all services arising from the business relationship with the Seller and the place of jurisdiction is the registered office of the Seller, unless you are not a consumer but a merchant, legal entity under public law, or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected.
11.3. If the customer is a merchant within the meaning of § 1 para. 1 of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the courts in Berlin are exclusively responsible for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, the Seller or the customer can file a lawsuit before any court competent under statutory provisions.
XII. Alternative Dispute Resolution 12.1. The European Commission provides a platform for online dispute resolution (ODR).
12.2. The Seller is neither legally obligated nor willing to participate in alternative dispute resolution proceedings before a consumer arbitration board.
As of: November 2022.